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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I doubt he walks but juries have surprised me before. I guess it’s never 100%. There could be issues on appeal, for example the 3rd degree murder situation that led to that charge being reinstated hasn’t been fully resolved by MN high courts. Theoretically if he was only convicted on 3rd degree then later the MN Supreme Court decides to hold to a stricter interpretation of the 3rd degree murder statuatory language, I guess his conviction could be vacated.

And we know that DOJ declined to grant him immunity from federal charges in conjunction with a third degree murder guilty plea, and that a grand jury was convened. So legally this isn’t the end of the road anyway. [/quote]

Can he be convicted of both 3rd degree murder and manslaughter? Or would his guilty verdict just be downgraded to manslaughter automatically if the courts find 3rd degree murder should not apply?

[/quote]

Yes he could be convicted of both. That’s likely too. But if they found him not guilty of the manslaughter charge at this trial, then double jeopardy would apply. It probably wouldn’t be very consistent for them to find him only guilty of 3rd degree murder, but not the manslaughter charge. But juries sometimes do surprising things, they were instructed not to read outside info like controversies about the charges or anything else like that. So they are just looking at what they believe to be the elements of this case presented at trial, and doing their best to render a verdict on that information. [/quote]

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